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HomeMy WebLinkAbout08-17-98 r CITY OF LAKEVILLE COUNCIL MEETING AUGUST 17, 1998 Mayor Zaun called the meeting to order at 7:00 p.m. The pledge of allegiance to the flag was given. Roll call was taken. Present: Council Members Ryan, Sindt, Mulvihill, Holberg and Mayor Zaun. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; M. Sobota, Community & Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D. Martens, Chief of Police; D. Volk, Director of Operations & Maintenance; J. Hennen, Administrative Assistant; C. Friedges, City Clerk. MINUTES. The minutes of the August 3, 1998 City Council meeting were approved as presented. • STAFF ANNOUNCEMENTS ATTTORNEY: None ENGINEER: Mr. Nelson ~rovided copies of Change Order No. 1 with Valley Paving for the 185 Street/Ipava Avenue intersection improvement project. The City Council will consider this item under Unfinished Business. ADMINISTRATOR: Mayor Zaun asked the City Administrator to provide an update on the River City Asphalt plant under Unfinished Business. CHIEF OF POLICE: Chief Martens presented the July Police Department monthly report. PARKS & RECREATION DIRECTOR: Mr. Michaud presented the July Parks & Recreation Department monthly report. .PRESENTATIONS/INTRODUCTIONS Mr. Michaud introduced Recreation. Supervisor Patty Dexter. Mr. Sobota introduced Nicole Bennett and Lea Guenther, recognizing • their efforts in the City's recent achievement of a superior rating from the CITY OF LAKEVILLE COUNCIL MEETING AUGUST 17, 1998 PAGE 2 • American Economic Development Council for "Lakeville: Right on Track", the City's first economic development report. Mayor Zaun presented a certificate of appreciation to Ms. Bennett for two years of service to the City of Lakeville as Economic Development Specialist. Dakota County Commissioner Paul Krause presented a check to the City of Lakeville for reimbursement of Mn/DOT funding for the County Road 46 interchange projecf. County Engineer Don Theisen explained that the check, in the amount of $972,000, represents the City's share (45%) for the County Road 46 project. CITIZENS' COMMENTS None CONSENT AGENDA Council members removed Items 7k, 71 and 7n from. the consent agenda. Council members added Items 10 and 11 to the consent agenda. 98.192 Motion was made by Sindt, seconded by Holberg to approve the consent • agenda items as follows: a. Claims for payment. b. July Investment Report. c. Receive minutes of the following advisory committee meetings: Parks & Recreation Committee, August 5, 1998 Planning Commission, August 6, 1998 Cable TV Board, July 30, 1998 d. Cigarette license for Towns End, 16790 Cedar Avenue (formerly Tom Thumb). e. Resolution No. 98-164 concerning the Klamath Trail Phase III being partially funded by Cooperative Trail Grant Program funds and identifying the Fiscal Agent of the City of Lakeville. f. Accept resignation of Colleen Jungbauer from. Meals on Wheels Coordinator position and approve agreement with Michelle Volk. g. Lakeville Ames Arena 1999 Budget. i CITY OF LAKEVILLE COUNCIL MEETING AUGUST 17, 1998 PAGE 3 • h. Resolution No. 98-165 calling public hearing on the certification of delinquent utility bills. i. Fire Relief Minimum Municipal Contribution Certification for 1999. j. Resolution No. 98-166 authorizing placement of stop signs at 179tH Trail West and 177' Street West at the Layton Path intersection. k. (Removed from consent agenda) I. (Removed from consent agenda) m. Final acceptance of utility improvements for Cherryfields Addition. n. (Removed from consent agenda) o. Resolution No. 98-168 approving a gambling permit for Dakota County Deputy Sheriffs Association of Minnesota. p. Resolution No. 98-169 authorizing car allowances. 10. Conditional use permit to allow aone-story covered front entrance • for a new single family home to extend into the front yard building setback at 6954 -173rd Street West. 11. Conditional use permit'to allow aone-story covered front entrance for a new single family home to extend into the front yard building setback at 6877 -173rd Street West. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Holberg. ITEM 7N 98.193 Motion was made by Mulvihill, seconded by Holberg to approve Resolution No. 98-167 authorizing Marcus Cable Partners, L.P. to temporarily operate the cable communications system. Roll call was taken on the motion. Ayes, Zaun, Mulvihill, .Holberg, Ryan. Sindt abstained due to a possible conflict of interest. ITEM 8 Council member Mulvihill asked for clarification that a home business would not be allowed in either the garage or accessory building on the CITY OF LAKEVILLE COUNCIL MEETING AUGUST 17, 1998 PAGE 4 Edmonson property. Mr. Erickson stated the conditional use permit stipulates that no home occupation shall be allowed on the entire. property. 98.194 Motion was made by Holberg, seconded by Mulvihill to receive the Planning Commission's Findings of Fact and Recommendation and grant a conditional use permit to allow the construction of a detached garage for a total on-site accessory building area greater than 1,100 square feet at 9894 -194"' Street West. Rolf call was taken on the motion. Ayes, Mulvihill, Holberg, Ryan, Zaun, Sindt. ITEM 9 ' Gary Kienitz and Vern Lovstad, representing Messiah Lutheran Church, requested Council approval of a conditional use permit to allow the construction of a youth house to be located west of the existing church building. Mr. Sobota highlighted the request of Messiah Lutheran Church to construct a youth house on church property located at 16725 Highview Avenue. He explained that the building is proposed to be a single level building with an outside deck. The exterior will be similar to the existing church building. A concept plan has been submitted showing three possible single family lots on the church-owned outlot west of the wetland. The construction of this building will have no impact. on the wetland. Staff recommends approval 98.1.95 Motion was made by Sindt, seconded by Mulvihill to receive the Planning Commission's Findings of Fact and Recommendation and approve an amendment to Conditional Use Permit No. 88-01 to allow the construction of a youth house on the Messiah Lutheran Church property at 16725 Highview Avenue. Roll call was taken on the motion. Ayes, Holberg, Ryan, Zaun, Sindt, Mulvihill ITEM 12 Dave Fellon, President of Empire Builder Investments, Inc., requested Council approval of the preliminary and final plat of Empire Builder Investments First Addition. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 17, 1998 PAGE 5 • Mr. Sobota presented the preliminary and final plat, which involves the platting of one industrial lot on one block in Airlake Industrial Park. Empire. Builder Investments plans to construct a 53,000 square foot office/warehouse facility on Lot 1, Block 1. Outlot A will be deeded to the City for a storm water pond and nutrient removal basin. The remnant property will be available for future development. As part of an administrative subdivision for the plat, seven additional feet of right-of- way will be dedicated for Highview Avenue. Turn lanes are being constructed for northbound Highview Avenue traffic to eastbound County Road 70 as part of the Alcorn Beverage project. Staff recommends approval. 98.196 Motion was made by Holberg, seconded by Sindt to approve Resolution No. 98-170 approving the preliminary and final plat of Empire Builder. Investments First Addition. Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, ' Holberg. ITEM 13 Mr. Erickson presented a resolution requesting the reallocation of • Dakota County Community Development Block Grant funding from the Septic System Improvement Program to a downtown Lakeville housing study and parking project. He explained that residents did not pursue the Septic System Improvement Program, and no loans were made through the program. Therefore, $30,000 from fiscal year 1997 remains in the CDBG allocation for the City of Lakeville. Discussions have been ongoing with downtown business and property owners regarding the need for a downtown housing study and parking project. These activities are eligible for CDBG funding by the Dakota county HRA. There is also a demand for additional senior housing adjacent to the central business district. Mr. Erickson stated a letter from Father Tiffany of All Saints Church states the church is considering reuse options for its downtown Lakeville campus and would appreciate the City's assistance in planning for future reuse and/or redevelopment options. Nancy Smith, representing the Downtown Lakeville Business Association, expressed full support of the Council's reallocation of Community Development Block Grant funding for a downtown Lakeville housing housing study and .parking project. She also spoke on behalf of All Saints Catholic Community requesting the City's participation in the redevelopment of the church's downtown campus. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 17, 1998 PAGE 6 Council member Ryan spoke in support of proper future planning for downtown Lakeville. Council member Sindt spoke in support of the effort to redevelop the former All Saints Church property. Mr. Erickson read to the City Council an excerpt from Father Tiffany's letter dated July 9, 1998. 98.1.97 Motion was made by Ryan, seconded by Mulvihill to approve Resolution No. 98-171 requesting the reallocation of Dakota County Community. Development Block Grant funding from the Septic System Improvement Program to a Downtown Lakeville Housing Study and Parking Project. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Ryan. ITEM 14 98.198 Motion was made by Mulvihill, seconded by Sindt to hold a Council work session on Monday, August 31, 1998 from 6:30 to 8:30 p.m. Roll call was taken on the motion. Ayes, Sundt, Mulvihill, Holberg, Ryan, Zaun. ITEMS 7K-7L Police Investigator Bill Forbord presented an ordinance amending Title 3, Chapter 1 of the City Code concerning liquor by adding a provision concerning dances and outdoor entertainment. This ordinance would prohibit outdoor entertainment or dances on premises that sell liquor or 3.2 beer unless it is specifically authorized as part of the liquor license. This amendment would clarify for license holders what the City has required of them in the past. He also presented an ordinance amending Title 3, Chapter 5 of the City Code concerning parades and outdoor entertainment. This ordinance would require certain individuals or businesses having outdoor entertainment or a parade to obtain a permit from the Chief of Police.. He explained that this ordinance brings up to date the City's former dance hall/cabaret ordinance, which was last amended in 1989. Council Member Ryan voiced a concern that the proposed outdoor entertainment ordinance would require a resident having a private party or open house on personal property, such as a graduation or wedding reception, to obtain a permit. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 17, 1998 PAGE 7 • Investigator Forbord explained that if the public is admitted or a fee is charged, a permit would be required if the event involves outdoor entertainment. Mr. Knutson explained that even though a social event on personal property may be considered an Open House, in most situations those who attend are either friends or relatives. This would not be the same as an outdoor gathering that is specifically advertised as "open to the public" and where an admittance fee is charged. Mr. Forbord explained that block parties are allowed in the City, and permission is granted administratively by the Police Department. This process has been very successful in the past and will not change. Council Member Ryan asked how this ordinance would apply to liquor/restaurant establishments. Mr. Forbord explained that outdoor entertainment at a restaurant is handled through the liquor license application. Council Member Holberg clarified that the proposed ordinance does not apply to an establishment that has a liquor license. • 98.199 Motion was made b Holber , seconded b Mulvihill to ado t Ordinance Y 9 Y p No. 634 amending Title 3, Chapter 1 of the Lakeville City Code concerning liquor by adding a provision concerning dances and outdoor entertainment; and Ordinance No. 635 amending Title 3, Chapter 5 of the Lakeville City Code concerning parades and outdoor entertainment. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Zaun, Sindt. Nays, Ryan. Council member Ryan stated he feels the City is currently dealing with potential problems in satisfactory manners, and he is hesitant to put any more ordinances on the books that might duplicate the way things are already being handled successfully. UNFINISHED BUSINESS Mr. Nelson presented Change Order No. 1 with Valley Paving for the Ipava Avenue/185th Street intersection improvement project. He explained that the deduct in the amount of $62,780.69 brings this project closer to the original engineer's estimate. He pointed out Scott County recently rejected bids on two highway projects that came in significantly over estimate. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 17, 1998 PAGE 8 • 98.200 Motion was made by Holberg, seconded by Sindt to approve Change Order No. 1 with Valley Paving, Inc. for the. Ipava Avenue/185th Street intersection improvements, City Project 98-7. Roll call was taken on the motion. Ayes, Holberg, Ryan, Zaun, Sindt, Mulvihill. Mr. Erickson provided an overview of a recent meeting with neighborhood residents and representatives of River City Asphalt regarding complaints of strong odor and residue from the River City Asphalt bituminous plant. (See memorandum from Associate Planner Frank Dempsey dated August 14, 1998 on file in the City Clerk's office) Mr. Erickson also indicated that the residue experienced by residents on two different occasions more than likely came from the City's burning of trees from the March 30th storm. NEW BUSINESS Mayor Zaun announced that a joint meeting is scheduled between the Lakeville City Council and Lakeville School Board on August 24' 1998 at 7:00 p.m. in the Conference Room at Lakeville High School There will be a tour of the high school addition at 6:30 p.m. 98.201 Motion was made by Sindt, seconded by Mulvihill to meet with the Lakeville School Board on August 24, 1998 at 7:00 p.m. at Lakeville High School Roll call was taken on the motion. Ayes, Ryan, Zaun, Sindt, Mulvihill, Holberg. Council Member Ryan. expressed his concern regarding future planning for 185th Street. He stated he feels the City should be more proactive in the construction of 185th Street to provide a future east/west corridor. Council Member Holberg pointed out that 185th Street is a County road under the County's jurisdiction. She further indicated that the County is recommending $300,000 be allocated for a study to identify a major east/west .corridor south of County Road 46. She stated the County Road 42 Task Force is in the final stage of preparing a draft report and plans to present it at a public open house in September. She suggested 185th Street be discussed in concert with the County Road 42 corridor study. CITY OF LAKEVILLE COUNCIL MEETING AUGUST 17, 1998 PAGE 9 • Council Member Sindt asked staff to contact the local ministerial association regarding the sign on Holyoke Avenue, which is in need of refurbishment. ANNOUNCEMENTS Next regular Council meeting, Tuesday, September 8,.1998 Mayor Zaun adjourned the Council meeting at 8:50 p.m. Respectfully submitted, Ch lene Frie ges, Ci Clerk Duane Zaun, May